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legality of using someone's web design layout


14-Jun-2023 (In Trademark & Copyright Law)
Hi, I am starting a t-shirt clothing business. I want to have my designs on a model which I can put into a catalog and send to different retailers in the hopes of getting orders or meetings. I have been putting my designs onto Zazzle.com models because they look the most realistic and then screencapping them and using them in my catalog. Zazzle.com is a custom design website that allows you to create and print designs on hundreds of different products. In order to do this they utilize a proprietary software, which allows the graphics to look extremely realistic on the products. Is it legal for me to do this or if "caught" down the road could I be forced to stop selling my clothing or pay money to Zazzle, or something else? To be clear, all of the designs used are completely 100% original, the only concern is me displaying the designs on the Zazzle.com models and sending them to retailers in the hopes of getting sales. I am not reselling Zazzle clothing, just using their models.
Answers (4)

Answer #1
741 votes
Dear Friend
Every commercial venture has to ensure express/ consent of the model before using their image.Film stars keep suing people whenever they find their image is being used without paying them to get their consent.
regs
Answer #2
998 votes
So far I can see on their website they have a designer and trader account etc, so I think it's possible to find your answer if you maintain the account with them and can access and their terms and conditions.

regarding your specific question, one need to do research on zazzle.com the working model. But in general, if I am the owner of zazzle why I developed a software for someone to design through my IT capital and let it go, why I let u use my models? So if you are using their model that not copyright but infringement of proprietary rights under diff section, but also the same time I am sure what you design on zazzle you are not allowed to have copyright. So do detail check on websites terms and conditions, I am sure you will find the answer if not then we can do same on legal research & advisory consultancy.
Answer #3
688 votes
I'll cut the long story short for you in 3 basic points -

1. As a general rule, you CANNOT use someone's copyrighted images, artwork, model graphics in course of your trade or for advancing your commercial interests, without their express permission/license.

2. Infact, it doesn't even matter whether you do it commercially or not. As long as your use of someone's copyrighted material is WITHOUT PERMISSION, there is a risk of being sued for copyright violation.

3. Zazzle.com's terms and conditions would tell you whether they permit such kind of free, unlicensed, usage of their artworks/images (believe me, some websites are gracious enough!) and how strictly they enforce their copyright claims.
Answer #4
968 votes
Hi, You are suggested to contact the officials of Zazzle.com before using their models for your products else they may sue you for the infringements of their copy rights as well as trade marks. Otherwise, you are suggested not to use those models.

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